As there is quite a lot of confusion in the terminology dealing with the issue of the internal applicability of human rights treaty provisions, it is necessary at the outset to indicate what meaning is given to the terms used in the present chapter. Indeed, different terms are sometimes used to describe one particular notion and the same term is sometimes used for different notions. To use different terms for different legal situations, corresponding as much as possible to their natural meaning, may contribute to the clarification of the issues at stake.

A. SELF-SUFFICIENT PROVISIONS OF DIRECTLY INCORPORATED TREATIES ARE SELF-EXECUTING

Direct applicability is viewed as a particular form of the internal effects of a treaty. While the international effects of a treaty depend on the validity of that treaty at the international level, its internal effects concern the domestic status of the treaty in national law. The latter depends on the constitutional system of the State party concerned. In general, international law is not even interested in the domestic status of treaty provisions. International law requires that the State parties fulfil their obligations on the international plane without caring about how this is ensured on the domestic level. Only in exceptional cases does a treaty provide for what – and even more exceptionally how – internal effects should be granted to its provisions.

For many treaties whose object is confined to purely inter-State relations, there is not any need for its provisions to have internal effects. In the event that the provisions of a treaty by their very object need implementation at the national level, it will be desirable that its provisions have internal effects but that is not necessarily indispensable to avoid violations of the international obligations. As a rule, international law is not concerned as long as the international obligation is respected, regardless of whether this is done on the basis of the treaty provision itself or not. If the existing national legislation contains provisions ensuring the same legal effect as aimed by the treaty provisions, the international obligation may be respected in national law, even if the treaty has no internal effects. Nevertheless, it is obvious that the safest means to guarantee respect for such treaty provisions is to give them internal effects.